Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place.
Evans LJ, dissenting said: ‘the reference in Article 5(1) to ‘the obligation in question’ ought not to be considered in isolation from the remaining words in Article 5(1), any more, that Article 5 should be interpreted without regard to the fact that it creates a special exception to the general rule of domiciliary jurisdiction in Article 2.’
Judges:
Hobhouse and Schiemann LJJ, Evans LJ
Citations:
[1997] EWCA Civ 2253, [1997] 4 All ER 937
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Agnew (Suing On His Own Behalf and In a Representative Capacity on Behalf of all Members of Lloyd’s Syndicates 672, 79, 1023 and 590) and Others v Lansforsakringsbolagens A B HL 17-Feb-2000
An action relating to misrepresentation before a contract of re-insurance is, within the Lugano Convention, an action relating to a contract, rather than to insurance. Accordingly the appropriate forum for any litigation was the place where the . .
Lists of cited by and citing cases may be incomplete.
Insurance, International
Updated: 09 November 2022; Ref: scu.142650